Kerala High Court
Saajid vs The Thrikaruva Grama Panchayat on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 47 DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
P NO. F 2
PETITIONER:
SAAJID,
AGED 48 YEARS
S/0. SHAMSUDHEEN, PROPRIETOR, JAVAN SAW MILL,
RESIDING AT MANAPPURATH KIZHAKETHIL HOUSE,
INCHAVILA, PERINAAD ) PO, KOLLAM, PIN - 691661
BY ADV 0.D.SIVADAS
RESPONDENTS:
1 THE THRIKARUVA GRAMA PANCHAYAT,
KANJAVELI PO, KOLLAM,
REPRESENTED BY ETS SECRETARY, PIN - 691602
2 THE SECRETARY, THRIKARUVA GRAMA PANCHAYAT,
KANJAVELI PO, KOLLAM, PIN - 661602
3 THE ENVIRONMENTAL ENGIWEER,
KERALA POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOLLAM. PIN-691 668., PIN - 691608
4 MUHAMMED HUSSAIN,
KANJIRAMKUZHI HOUSE, INCHAVILA,
PERINADU PO, KOLLAM, PIN - 692694
5 JALALUDEEN,
KASSIM MANZIL, NJARACKAL,
PERINADU PO, KOLLAM, PIN - 691601
6 MUKESH K.B.,
KALLUVILA PUTHANVEEDU, NJARACKAL,
PERINADU PO, KOLLAM, PIN - 691601
T SAJEEVAN B,
KALLUVILA PUTHANVEEDU, NJARACKAL,
PERINADU PO, KOLLAM, PIN - 691601
8 VINU,
VAYALIL PUTHANVEEDU, NJARACKAL,
PERINADU PO, KOLLAM, PIN - 691601
BY ADV M.R.SASITH - SC
OTHER PRESENT:
SRI.T.NAVEEN, SC ,PCB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.64.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP
The above writ petition
MOHAMMED NIAS C.P, J.
Dated this the 4" day of April, 2024
JUDGMENT
prayers;
"i) Call for the records leading to Ext.P11 and
Ext.P13 issued by the 3rd respondent and Ext.P12 issued
by the lst respondent panchayath and quash the same,
by issuing @ writ of certiorari show cause should also be
quashed.
ii} Issue appropriate direction restraining the
respondents 1 to 3 from interfering in the functioning of
the petitioner's unit namely "Javan Saw Mill" and permit
the petitioner to run the unit on the basis of the licenses
as well as the consent granted by the Kerale Pollution
Control Board.
iii) Declare that the coercive proceedings
initiated by the Panchayat and Kerala Pollution Centro!
Board against the unit of the petitioner's unit, is highly
illegal, arbitrary and without any justification. "
is filed with the following
2. The matter was referred for mediation as per the
'order of this Court dated 04.01.2024. The report submitted by
the District Mediation Centre, Kollam indicates that the matter
is settled between the parties in terms of the memorandum of
agreement until into between the parties on 27.03.2024. This
is recorded.
3. Accordingly, the writ petition is disposed of
directing the parties to strictly comply with the terms of the
settiement agreement. The report dated 01.64.2624 shat
form part of this judgment.
The writ petition is ordered accordingly.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
7 fi yk ries
DISTRICT MEDIATION CENTRE, KOLLAM __
D.No. 51/24/DMC/KLM Date: 01.04.2024
From,
Centre Co-ordinator/ Sub Judge,
District Mediation Centre,
Koliam.
To,
Hon'ble Registrar (Judicial) ,
Hon' ble High Court of Kerala,
Kochi- 682031.
Sit,
Sub: Mediation in WP(C) No. 23256/2023 of the Hon'ble High Court of Kerala -- forwarding
of - reg
Ref: Letter WP(C) No. 23256/2023 dated 06.01.2024 of the Hon'ble High Court of Kerala.
As per the reference cited above, I here by submit the mediation report (settled
along with agreement ) in WP(C) No. 23256/2023 of the Hon'ble High Court of Kerala for further
necessary action.
Yours faithfully,
ME Centre Coordifistor/ Sub Judge,
S- e " ' | + District Mediation Centre,
| P os. af oe Kollam,
GND MIMas3 CARB DON Gsnis i? GQ omar.
. WIP) No. 25256 [2023
ob ae) : Sg iam were
+4 HAHA ;
"DH OIA 5 SMS Daya O'7 "ee, ya Diy leone w
3 Ie AIDS oh Sort eet Ar
Vgoer gt Se
8 riprrb(Qser )
MEMORANDUM OF AGREEMENT UNDER SECTION 89
OF THE CODE OF THE CIVIL PROCEDURE READ WITH
RULES 24 AND 25 OF THE CIVIL PROCEDURE
(MEDIATION) RULES 2005
4. The parties above name beg to submit as follows:
(i) The aforesaid suit/s, Petition/s, Appeal/s, Complaint were referred _-- to
Mediation for resotving the dispute between the parties. In the Course of mediation, they have
resolved their dispute and have agreed to the following terms and conditions:
rho3) od agns 05) alge obasteals = A Ox
0 ops $e03 Bom QDaper amen be Aag--
~ 9018) _esanaqoora ons Cetin vas)
yr OR
"ngs
oe | Rileway Haynd: .
DVR ayo Gla hereosdenwoe Ns. ee I
om & >
vets TrbBonye 52 game
Oo A SS R.3 Yel Ass) éavill ep fey
RA MM hugs Hy -
s Gull
Vo Hulesh.ka a
R7_DRaeEEVT O
Suchay : RE Aes Fe
TW ogame avdale' Mra met dy)
--~36O)) 1 Voom oe of 0 Ly bet wT ww .3)
onary NAS) Se yn 3) & alex Gu
SOO mo wimm_-- PII) &s) G30\ BR}
OW algunas Sion ) B\UF OD
nape! DOD Wed wP NAA wmm\ ert --~Griw
12 PBASMBID DdmmN (519 slower
MY H3S ow Ip OID) VO"
a
Nilo: Se moni cai mani tating --J) 4
Zr AGID ~~ wa) a
ale ine Cyn nine Qo mane Bom
~oyrre nave LOMsor mv DOr adaw
ease 104 Jos
\ . aan PP ingts, A fe
(Me™ 9.2 R 4 In n-HeS oer, Hob -
op Moho Rs | ne
S R¢. Mukesh. 4- Pm
anew ; ons A¥e o IPH ,
Sfiie"
RY » Abiak
' 2. In view of the aforesaid agreement entered into between the parties.
The parties pray that the suit/s, Petition/s, Appeal/s be decree/dismissed/
Disposed of, in terms of the aforesaid agreement.
3. In view of the aforesaid agreement, the plaintiff/s Appellant/s prays
For refund of the full institution Fee.
4. Parties will appear on before for the Hon'ble cout
for passing Orders/Decree in terms of the above said agreement.
|
|
|
|
Ore Bike
Defendant/s
|
:
|
Rlaintif/s, Petitioner/s
Appellants;Applicants CO> edaGdlyt: S Respondent/s > Molnsmn ul
Complainant. tho x ah, yee
ty altos eS
Advocate for aks e for
Plainrtiff/s, Petitioners k6 Mukesh: kG Defendant/s \Qonnclnayt
Appeilant/s, Applicant/s Respondents,
Complainant. RS, hal ae A a Accuses, mem Hw os dole
Ree ie) ch ale
We, the parties above named, do hereby solemnly state and declare that what. Is
contained in paragraphs 1 to vr Are true to the best of our knowledge, information and belief
edsQ FS :
Plainttifffs, Petitioner/s yuk |
Respondent/s
Appellant/s, Applicant/s
Complaint.
Place: SyYS- Aho.
Date: ArT aldeal,
KS Nuvesh ks oS a
Defendantis, hugh sds
Accused hyp g yn DS A NE-
MPI HWoGeu + fy
Re Full Q--
py ch EEO az
. | oN Noglnan W
Ri (pasat) / Ra 8 \,
---
aml
APPENDIX OF WP(C) 23256/2623
PETITIONER EXHIBITS <=
EXHIBIT P 1 TRUE COPY OF THE LICENCE DATED 29.4.2019
ISSUED BY THE PANCHAYAT
EXHIBIT PZ TRUE COPY OF THE LICENCE DATED 6.81.2621
ISSUED FROM THE DIVISIONAL FOREST OFFICER
PUNALUR,
EXHIBIT P3 TRUE COPY OF THE CONSENT GRANTED BY THE
POLLUTION CONTROL BOARD DATED 10.05.2621
EXHIBIT P4 THE LICENSE ISSUED BY THE 1ST RESPONDENT
ON 3.8.2621 TO THE PETITIONER VALID TILL
31.3.2022.
EXHIBIT PS TRUE COPY OF THE RECEIPT DATED 7.64.2622
OF THE iST RESPONDENT EVIDENCING PAYMENT
OF FEE FOR RENEWAL OF LICENSE.
EXHIBIT P6 THE TRUE PHOTOGRAPHS OF THE SAWMILL IN
ITS ORIGINAL CONDITION, WHEN THE
PETITIONER PURCHASED THE SAWMILL.
EXHIBIT P7 TRUE COPY OF THE PROCEEDING DATED
9.11.26021 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P8& THE PHOTOGRAPHS OF THE PRESENT UNIT OF
THE PETITIONER AFTER ENCLOSING THE UNIT
SHEETS.
EXHIBIT P9 TRUE COPY OF THE STOP MEMO DATED
28.66.2022 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 26.7.2022
IN W.P. (C) NO.25762/2621 ON THE FILE OF
THIS HON'BLE COURT.
EXHIBIT P11 TRUE COPY OF THE PROCEEDING DATED
25.11.2622 OF THE POLLUTION CONTROL
BOARD, KOLLAM.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 5.11.2022
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED
14.3.2623 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P 14 TRUE COPY OF THE INSPECTION REPORT DATED
23.82.2022 OF THE 3RD RESPONDENT
EXHIBIT P15 TRUE COPY OF THE TEST REPORT DATED
36.1.2823 ISSUED BY THE QUALITY MANAGER
OF THE APPROVED LABORATORY.
EXHIBIT Pi6 TRUE COPY OF THE REPRESENTATION DATED
3.2.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R4 (A) A TRUE COPY OF THE PHOTOGRAPHS SAOWING
THE PETITIONER'S UNIT COVERED WITH TIN
SHEETS ADJACENT TO THE BOUNDARIES OF THE
RESPONDENT'S PROPERTY.
EXHIBIT R4 (Bj) A TRUE COPY OF THE REPORT OF THE KERALA
STATE POLLUTION CONTROL BOARD DATED
26/88/2022
EXHIBIT R4 (C) A TRUE COPY OF THE ORDER DATED 16.61.2623
IN W.P(C) 21935/2022
EXHIBIT R4 (D) A TRUE COPY OF THE ORDER DATED 13/04/2623
// True Copy // PA To Judge
